All Outputs (6)

Transformative constitutionalism: Courts’ role in bridging the public-private divide of law and transforming African customary law (2025)
Journal Article
Gayoye, M. (in press). Transformative constitutionalism: Courts’ role in bridging the public-private divide of law and transforming African customary law. Oñati Socio-Legal Series, https://doi.org/10.35295/osls.iisl.1976

African customary law (ACL) is an important legal system that regulates the lives of many people. The colonial origins of this body of law meant that it hasn’t always served the justice needs of Africans. Coloniality and Upendra Baxi’s postcolonial l... Read More about Transformative constitutionalism: Courts’ role in bridging the public-private divide of law and transforming African customary law.

'Constitutions without constitutionalism' and judicial leadership in Kenya (2024)
Journal Article
Gayoye, M. (2024). 'Constitutions without constitutionalism' and judicial leadership in Kenya. Journal of Eastern African Studies, 18(3), 345-365. https://doi.org/10.1080/17531055.2024.2375076

Judicial leadership and 'constitutions without constitutionalism' are two opposing but useful concepts to demonstrate the oppositional stance taken by a minority of judges in safeguarding the rule of law in Kenya. Okoth-Ogendo accused African states... Read More about 'Constitutions without constitutionalism' and judicial leadership in Kenya.

‘Constitutions without constitutionalism’ and judicial leadership in Kenya (2024)
Journal Article
Gayoye, M. (in press). ‘Constitutions without constitutionalism’ and judicial leadership in Kenya. Journal of Eastern African Studies, 18(3), 345-365. https://doi.org/10.1080/17531055.2024.2375076

Judicial leadership and ‘constitutions without constitutionalism’ are two opposing but useful concepts to demonstrate the oppositional stance taken by a minority of judges in safeguarding the rule of law in Kenya. Okoth-Ogendo accused African states... Read More about ‘Constitutions without constitutionalism’ and judicial leadership in Kenya.

Gendered Constitutionalism in Postcolonial Africa: Towards a Decolonial Gendered Citizenship (2024)
Journal Article
Gayoye, M. (2024). Gendered Constitutionalism in Postcolonial Africa: Towards a Decolonial Gendered Citizenship. Verfassung und Recht in Übersee, 56(1), 213-240. https://doi.org/10.5771/0506-7286-2023-1-213

This paper makes the case for a theorising of gendered constitutionalism in postcolonial Africa on its own terms, rather than as an appendage or often afterthought to hegemonic and universalising impulses of Western liberal thought. More specifically... Read More about Gendered Constitutionalism in Postcolonial Africa: Towards a Decolonial Gendered Citizenship.

Why women judges really matter: The impact of women judges on property law outcomes in Kenya (2021)
Journal Article
Gayoye, M. (2021). Why women judges really matter: The impact of women judges on property law outcomes in Kenya. Social and Legal Studies, 096466392110079 - 096466392110079

<jats:p> In this paper, I discuss the impact that women judges have made in property law outcomes in Kenya. The study shows that women judges were able to influence a feminist jurisprudence in matrimonial property and inheritance disputes peripherall... Read More about Why women judges really matter: The impact of women judges on property law outcomes in Kenya.

Correction to: Feminist Judgments Projects at the Intersection (2021)
Journal Article
Gayoye, M., Hunter, M., Manji, A., Matinda, M., Sekalala, S., Chaudhary, R., …Lammasniemi, L. (2021). Correction to: Feminist Judgments Projects at the Intersection. Feminist Legal Studies, 263 - 265

<jats:p>In the original publication of the article, errors in the production stages resulted in Vanessa Munro being listed as sole author.</jats:p>